Satish Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52769 of 2022 Arising Out of PS. Case No.-401 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== Satish Kumar @ Vikash Kumar S/O Sri Bhupnarayan Singh R/O VillageBadhai Tola, Bahadurpur, P.S.- Govindganj, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 342, 323, 307, 506 of the Indian Penal Code and Sections 25(1-B) a, 26 of the Arms Act.

The prosecution case as per F.I.R is that on getting information, the informant with his two companions managed to enter the house of one Master Saheb showing themselves as his neighbours, two

2/4 Chaukidar also entered in his house as milkmen and saw a person taking a pistol in his hand, owner Arun Kumar was sitting on a chair and his mouth was tied with cloth. Thereafter the informant and others made conversation with that youth with planned manner, finding opportunities, Rajiv Rajak went outside of the house. Seeing the informant, the person said that if you take any action, I will fire and the person opened the gas cylinder and he was having lighter with him and threatened. Subsequently, he was managed to caught hold by the police personnel. He revealed his name as Satish Kumar, the petitioner. One pistol, five live cartridges, tape, rope and lighter were recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the daughter of the informant of Bettiah (M) P.S. Case No. 400 of 2022 namely Anhoti Priya were in love with each

3/4 other and when her marriage was fixed with another person, the petitioner became restless and in the perturbed state of mind and piteous condition, the petitioner went alone to meet the informant. The petitioner is languishing in custody since 23.05.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case filed by the same very informant.

Learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that country made pistol, live cartridges and other materials were recovered from the possession of the petitioner. There is a life threat to the family members of the informant of Bettiah (M) P.S. Case No. 400 of 2022 from the petitioner.

In the facts and circumstances of the case, this Court is not inclined to grant privilege of bail to the petitioner. The prayer for bail of the petitioner stands

4/4 rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T